MARIJUANA PROPONENTS SUE STATE, LEMAN

MAT-SU -- Yes on 2, a group supporting the marijuana decriminalization
initiative on November's ballot, filed a lawsuit Tuesday morning
against the state of Alaska and lieutenant governor Loren Leman for
drafting the official election pamphlet's statement in opposition of
Ballot Measure 2.

The official complaint, signed by ballot sponsors Tim Hinterberger,
David Finkelstein and Bill Parker, states that the lieutenant
governor's role in drafting the statement of opposition, "is a
violation of the applicable statutes of the State of Alaska and of the
duty of that office to act neutrally and impartially with respect to
the conduct of elections."

Hinterberger, associate professor for the University of Alaska's
biomedical program, said it was "outrageous" that Leman and his staff
had drafted the opposition statement.

"It's clear to us that he has crossed the line of neutrality,"
Hinterberger said in a statement released Tuesday. "And if he has not
directly violated his oath of office, he most certainly has violated
the spirit of his office."

The lieutenant governor's office denies any wrongdoing. Annette
Kreitzer, Leman's chief of staff, drafted the statement and sent it to
Dr. Charles Herndon in August.

Kreitzer said the information she sent to Herndon was never meant to
be the final statement against Ballot Measure 2; it was just supposed
to be notes to assist him in writing the statement.

Kreitzer said the problem arose when the deadline was approaching for
the completion of the ballot pamphlet and no statement in opposition
had been submitted for Ballot Measure 2.

A 1998 change in the law regulating the preparation of the ballot
pamphlet said that statements for and against ballot measures "must"
be submitted. Before 1998, the law said only that statements "shall"
be submitted.

Kreitzer said she interpreted the language of the law to mean the
lieutenant governor's office had to find someone to draft an
opposition statement if no one voluntarily submitted one.

Kreitzer admits she did not ask for interpretation of the law before
preparing and sending the notes to Herndon.

Because the deadline was a day away, Kreitzer compiled information on
marijuana from various government Web sites to assist Herndon in
writing the statement. Kreitzer said Herndon made very few changes to
the notes she sent.

Herndon, medical director of Providence Breakthrough, a drug and
alcohol treatment center in Anchorage, showed the statement to his
peers and then signed off on it, Kreitzer said.

"I was surprised when I saw the statement on the election ballot,"
Kreitzer said in a phone interview Wednesday. "Those notes were never
supposed to be the official opposition statement on the ballot."

Kreitzer said she understands the perception created by the statement
and her actions. Although it may have been unwise, she said, it was
not illegal.

"This lawsuit is a publicity stunt by the proponents of proposition
2," Kreitzer said. "It's specious and it doesn't articulate the laws
or the parts of Alaska's constitution that have been violated."

Kreitzer said she has spoken to Leman about the lawsuit and he doesn't
believe there is any substance to the lawsuit. Leman was traveling
this week and was unavailable for comment.

But Hinterberger said that even if the lieutenant governor didn't
violate any laws or the state constitution, his actions were
inappropriate and warrant a strong reprimand.

"It's inappropriate for [Leman] to be acting as a broker of
information," Hinterberger said in a phone interview Wednesday. "He's
supposed to be neutral. His office certainly didn't compile
information in support of proposition 2."

Hinterberger and his colleagues are hoping to have the information
about the lieutenant governor's actions made available to the public
at the polls.

Yes on 2 is seeking a declaratory judgment that Leman's actions were
improper and unconstitutional, as well as an order to post signs at
the polls on Nov. 2 stating there was no statement in opposition
submitted for Ballot Measure 2.